Claimant v Eternal Care UK Ltd
Outcome
Individual claims
Struck out for non-compliance with tribunal orders and failure to attend hearing. The tribunal also found the claimant lacked sufficient qualifying service for an unfair dismissal claim and the claim had no reasonable prospect of success.
Struck out for non-compliance with tribunal orders and failure to attend hearing. The tribunal also found that the discrimination claim on the grounds of sexual orientation did not appear reasonably arguable based on what was stated in the claim form.
Facts
The claimant brought claims for unfair dismissal and sexual orientation discrimination. She failed to comply with tribunal orders issued on 3 January 2025 requiring her to provide documents and attend a preliminary hearing on 27 January 2025. Despite warnings from two previous judges about the consequences of non-attendance, she did not attend the hearing and did not respond to attempts to contact her.
Decision
The tribunal struck out all claims under Rules 38(1)(a), (c) and (e). The tribunal found the claims had no reasonable prospect of success, the claimant had repeatedly failed to comply with orders, and it was no longer possible to fairly proceed given her unexplained absence and non-compliance.
Practical note
Repeated non-compliance with tribunal orders and failure to attend hearings despite explicit warnings will result in strike out, particularly where claims also appear to lack merit on their face.
Legal authorities cited
Statutes
Case details
- Case number
- 2304481/2023
- Decision date
- 27 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No